(a) “Acquire” means to obtain by purchase, consignment, or trade.
(b) “Appropriate law enforcement official” means the sheriff of the county in which a secondhand dealer is located or, if the secondhand dealer is located within a municipality, both the police chief of the municipality and the sheriff; however, the sheriff or police chief may designate as the appropriate law enforcement official for that county or municipality, as applicable, any law enforcement officer working within that respective county or municipality. This paragraph does not limit the authority or duties of the sheriff.
(c) “Automated kiosk” means an interactive device that is permanently installed within a secure retail space and that has the following technological functions:
1. Remotely monitored by a live representative during all business operating hours;
2. Verification of a seller’s identity by government-issued photographic identification card;
3. Automated reading and recording of item serial numbers;
4. Ability to compare item serial numbers against databases of stolen items;
5. Secure storage of goods accepted by the kiosk; and
6. Capture and storage of images during the transaction.
(d) “Consignment shop” means a shop engaging in the business of accepting for sale, on consignment, secondhand goods which, having once been used or transferred from the manufacturer to the dealer, are then received into the possession of a third party.
(e) “Department” means the Department of Revenue.
(f) “Precious metals” means any item containing any gold, silver, or platinum, or any combination thereof, excluding any chemical or any automotive, photographic, electrical, medical, or dental materials or electronic parts.
(g) “Precious metals dealer” means a secondhand dealer who normally or regularly engages in the business of buying used precious metals for resale. The term does not include those persons involved in the bulk sale of precious metals from one secondhand or precious metals dealer to another.
(h) “Secondhand dealer” means any person, corporation, or other business organization or entity which is not a secondary metals recycler subject to part II and which is engaged in the business of purchasing, consigning, or trading secondhand goods. The term includes any secondhand dealer engaged in the business of purchasing secondhand goods by means of an automated kiosk.
(i) “Secondhand goods” means personal property previously owned or used which is not regulated metals property regulated under part II and which is purchased, consigned, or traded as used property. The term includes gift certificates and credit memos as defined in s. 501.95 which are purchased, consigned, or traded by a secondhand dealer. The term does not include office furniture; pianos; books; clothing; organs; coins; motor vehicles; costume jewelry; gold, silver, platinum, palladium, or rhodium bullion that has been assayed and is properly marked as to its weight and fineness; cardio and strength training or conditioning equipment designed primarily for indoor use; and secondhand sports equipment that is not permanently labeled with a serial number. As used in this paragraph, the term “secondhand sports equipment” does not include golf clubs.
(j) “Secondhand store” means the place or premises at which a secondhand dealer is registered to conduct business as a secondhand dealer or conducts business.
(k) “Transaction” means any purchase, consignment, or trade of secondhand goods by a secondhand dealer.
(2) This chapter does not apply to:
(a) Any secondhand goods transaction involving an organization or entity registered with the state as a nonprofit, religious, or charitable organization or any school-sponsored association or organization other than a secondary metals recycler subject to the provisions of part II.
(b) A law enforcement officer acting in an official capacity.
(c) A trustee in bankruptcy, executor, administrator, or receiver who has presented proof of such status to the secondhand dealer.
(d) Any public official acting under judicial process or authority who has presented proof of such status to the secondhand dealer.
(e) A sale on the execution, or by virtue of any process issued by a court, if proof thereof has been presented to the secondhand dealer.
(f) Any garage sale operator who holds garage sales less than 10 weekends per year.
(g) Any person at antique, coin, or collectible shows or sales.
(h) Any person who sells household personal property as an agent for the property owner or the property owner’s representative pursuant to a written agreement at that person’s residence.
(i) The purchase, consignment, or trade of secondhand goods from one secondhand dealer to another secondhand dealer when the selling secondhand dealer has complied with the requirements of this chapter.
(j) Any person accepting a secondhand good as a trade-in for a similar item of greater value.
(k) Any auction business as defined in s. 468.382 operating as an auction business in the buying and selling of estates, business inventory, surplus merchandise, or business liquidations.
(l) Any business that is registered with the Department of Revenue for sales tax purposes as an antique dealer pursuant to chapter 212 and that purchases secondhand goods from the property owner or her or his representative at the property owner’s residence pursuant to a written agreement that states the name, address, and telephone number of the property owner and the type of property purchased.
(m) A business that contracts with other persons or entities to offer its secondhand goods for sale, purchase, consignment, or trade via an Internet website, and that maintains a shop, store, or other business premises for this purpose, if all of the following apply:
1. The secondhand goods must be available on the website for viewing by the public at no charge;
2. The records of the sale, purchase, consignment, or trade must be maintained for at least 2 years;
3. The records of the sale, purchase, consignment, or trade, and the description of the secondhand goods as listed on the website, must contain the serial number of each item, if any;
4. The secondhand goods listed on the website must be searchable based upon the state or zip code;
5. The business must provide the appropriate law enforcement official with the name or names under which it conducts business on the website;
6. The business must allow the appropriate law enforcement official to inspect its business premises at any time during normal business hours;
7. Any payment by the business resulting from such a sale, purchase, consignment, or trade must be made to the person or entity with whom the business contracted to offer the goods and must be made by check or via a money services business licensed under part II of chapter 560; and
8.a. At least 48 hours after the estimated time of contracting to offer the secondhand goods, the business must verify that any item having a serial number is not stolen property by entering the serial number of the item into the Department of Law Enforcement’s stolen article database located at the Florida Crime Information Center’s public access system website. The business shall record the date and time of such verification on the contract covering the goods. If such verification reveals that an item is stolen property, the business shall immediately remove the item from any website on which it is being offered and notify the appropriate law enforcement official; or
b. The business must provide the appropriate law enforcement official with an electronic copy of the name, address, phone number, driver license number, and issuing state of the person with whom the business contracted to offer the goods, as well as an accurate description of the goods, including make, model, serial number, and any other unique identifying marks, numbers, names, or letters that may be on an item, in a format agreed upon by the business and the appropriate law enforcement official. This information must be provided to the appropriate law enforcement official within 24 hours after entering into the contract unless other arrangements are made between the business and the law enforcement official.
(n) Any person offering his or her own personal property for sale, purchase, consignment, or trade via an Internet website, or a person or entity offering the personal property of others for sale, purchase, consignment, or trade via an Internet website, when that person or entity does not have, and is not required to have, a local occupational or business license for this purpose.
(o) A business whose primary business is the sale, rental, or trade of motion picture videos or video games, if the business:
1. Requires the sellers of secondhand goods to have a current account with the business;
2. Has on file in a readily accessible format the name, current residential address, home and work telephone numbers, government-issued identification number, place of employment, date of birth, gender, and right thumbprint of each seller of secondhand goods;
3. Purchases secondhand goods from the property owner or his or her representative at the place of business pursuant to an agreement in writing and signed by the property owner which describes the property purchased, states the date and time of the purchase, and states that the seller is the lawful owner of the property;
4. Retains such purchase agreements for not less than 1 year; and
5. Pays for the purchased property in the form of a store credit that is issued to the seller and is redeemable solely by the seller or another authorized user of the seller’s account with that business.
(p) A motor vehicle dealer as defined in s. 320.27.
(3) This part does not apply to secondary metals recyclers regulated under part II, except for s. 538.11, which applies to both secondhand dealers and secondary metals recyclers.
...not predict which aspects of the ordinance they may be entrapped into violating prior to the bringing of formal charges against them. Therefore, appellants must show that all possible applications of the ordinance are void-for-vagueness 19 Fla.Stat. § 538.03(1)(i)(5) (Supp.1990) 20 See Fla.Stat....
...This section defines a "title loan" as "a loan of money secured by bailment of a certificate of title to a motor vehicle. A title loan is not a pawn if the secondhand dealer does not maintain physical possession of the vehicle throughout the term of the transaction." Fla. Stat. Ann. § 538.03(1)(i) (West 1998). Secondhand dealers include any persons engaged in the business of entering title loan agreements. Fla. Stat. Ann. § 538.03(1)(a) (West 1998)....
...Briefly, Cash Cow is a Florida company which operated a chain of stores that
provided two types of consumer loans. The first type were “title loans,” which are
defined as a “loan of money secured by bailment of a certificate of title to a motor
vehicle.” FLA. STAT. § 538.03(1)(i) (1999)....
...Plaintiffs seek a "coin dealer" exception to the amended ordinance. Plaintiffs maintain that such an exception is part of the precious metal law of Florida. Although the State of Florida exempts coin dealers from its precious metals statute, Fla.Stat. § 538.03(2)(g), the State also allows municipalities to enact more restrictive precious metals ordinances....
...City of Orlando, 615 F.Supp. 141, 146 (M.D.Fla. 1985). [3] Although the Florida statute that served as the model for the amended ordinance has since been repealed, it was repealed for reasons other than unconstitutionality. The current statute, Fla.Stat. §§ 538.03-.17 (1989), is broader in scope than the repealed version....
...exceeding 60 days or both. Orlando City Code § 1.08 (Supp.1987). [5] The definition of a precious metal dealer in the amended ordinance is the same as the one in the repealed Florida statute, Fla.Stat. § 538.01(2). The current Florida statute, id. § 538.03(1)(b), bears a similar definition of a precious metal dealer. [6] The amended ordinance contains the verbatim definition of a precious metal that appears in both the repealed Florida statute, Fla.Stat. § 538.01(1), and the current Florida statute, id. § 538.03(1)(i)(5). The City did not exclude from its definition "any coin which is mounted in a jewelry setting," which is an exclusion in both the repealed and the current Florida statutes. Id. § 538.01(1)(e); id. § 538.03(1)(i)(5)....
...bt in the instant case. See Id. Title loans differ greatly from ordinary secured obligations. See Id. The Florida statutes classify title lienors as "secondhand dealers," thereby grouping title lienors with pawn shops and recycled metal dealers. See § 538.03 et seq., Fla....
Cited 3 times | Published | Florida 5th District Court of Appeal | 1993 WL 47632
...Correnti, Altamonte Springs, for appellee. COBB, Judge. Hodges was charged with violating the record keeping requirements of section 538.04, Florida Statutes. His defense was that his business was a "flea market" and, therefore, exempted from such requirements by the provisions of section 538.03(2)(k), Florida Statutes, a 1990 amendment of Chapter 538: This chapter does not apply to any person purchasing, consigning, or pawning secondhand goods at a flea market regardless of whether at a temporary or permanent business location at the flea market....
...It was shown that Hodges operated a secondhand store in a plaza wherein there were no booths nor areas for separate vendors, and the word "flea market" did not appear inside or outside his store. *654 The trial court held the 1990 flea market exception to the reporting requirements rendered sections 538.03 through 538.17, Florida Statutes, unconstitutionally vague and constituted a denial of equal protection to a class of citizens....
Cited 1 times | Published | United States Bankruptcy Court, N.D. Florida | 13 Fla. L. Weekly Fed. B 221, 2000 Bankr. LEXIS 577, 36 Bankr. Ct. Dec. (CRR) 37, 2000 WL 684949
...M.D.Fla., Jacksonville Div.1998) as follows: Florida Statutes Chapter 538 regulates trade, commerce, investments and solicitations of secondhand dealers. . . . This section defines a "title loan" as "a loan of money secured by bailment of a certificate of title to a motor vehicle. . . ." F.S. § 538.03(1)(i). Secondhand dealers include any persons engaged in the business of entering title loan agreements. F.S. § 538.03(1)(a)....
Cited 1 times | Published | Florida 1st District Court of Appeal | 1992 WL 355446
...rious of the state's laws "relating to consumer protection." Because we conclude that the legislature has authorized the Division to maintain such actions, we reverse. The Division's complaint alleges that Quick Cash is a "pawnbroker," as defined in section 538.03(1)(c), Florida Statutes (Supp....
...due process under the Florida and Federal constitutions." The Division then filed a motion requesting partial summary judgment on two issues, as to which it represented there was no genuine issue as to any material fact: "[w]hether a pawn, and specifically a `buy-sell agreement' as defined in [s]ection 538.03(1)(d)2, Fla....
Cited 1 times | Published | Court of Appeals for the Eleventh Circuit
...not predict which aspects of the ordinance they may be entrapped into violating prior to the bringing of formal charges against them. Therefore, appellants must show that all possible applications of the ordinance are void-for-vagueness. . Fla.Stat. § 538.03(l)(i)(5) (Supp.1990)....
Cited 1 times | Published | Florida 2nd District Court of Appeal | 1992 WL 206432
...Those statutes, however, are not a comprehensive regulation of pawnbrokers. Instead, they address problems caused by the pawning of stolen property. In fact, automobiles are not within the definition of "secondhand goods," apparently because they are titled and cannot be easily sold by a thief. See § 538.03(1)(g), Fla. Stat. (1991). Thus, Quick Cash's unusual transactions involving automobiles are not regulated by the Department of Revenue. Section 538.03(1)(d)1....
...The amended final judgment is reversed and the case is remanded for further proceedings consistent with this opinion. GLICKSTEIN, J., and WALDEN, JAMES H., Senior Judge, concur. . Repealed by Laws 1989, c. 89-533, § 4, eff. Oct. 2, 1989. See, now, § 538.03, § 538.16.
...chapter may result in the revocation, restriction, or suspension of the pawnbroker's registration. Thus, violation of s. 538.16(1), F.S., would subject a pawnbroker to both civil or administrative and criminal penalties. 1 A pawnbroker is defined in s. 538.03 (1)(c), F.S....
...(1990 Supp.), as "a secondhand dealer who is regularly engaged in the business of making pawns but does not include a financial institution as defined in s. 655.081 or any person who regularly loans money or any other thing of value on stocks, bonds, or other securities." 2 In defining "[p]awn," s. 538.03 (1)(d), F.S....
...rightful owners; such laws are in the interest of public welfare and strike at the basic evil of disposal by sale of illegally obtained merchandise); 54 Am.Jur.2d Moneylenders and Pawnbrokers s. 3. 5 54 Am.Jur.2d Moneylenders and Pawnbrokers s. 3. 6 Section 538.03 (1)(a), F.S....
This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.
